[Federal Register Volume 65, Number 8 (Wednesday, January 12, 2000)]
[Notices]
[Pages 1915-1916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-650]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration


Nevada State Standards; Notice of Approval

1. Background

    Part 1953 of Title 29, Code of Federal Regulations, prescribes 
procedures under Section 18 of the Occupational Safety and Health Act 
of 1970 (hereinafter called the Act) by which the Regional 
Administrator for Occupational Safety and Health (hereinafter called 
the Regional Administrator), under a delegation of authority from the 
Assistant Secretary of Labor for Occupational Safety and Health 
(hereinafter called the Assistant Secretary) (29 CFR 1953.4) will 
review and approve standards promulgated pursuant to a State plan which 
has been approved in accordance with section 18(c) of the Act and 29 
CFR Part 1902. On January 4, 1974, notice was published in the Federal 
Register (39 FR 1008) of the approval of the Nevada plan and the 
adoption of Subpart W to Part 1952 of Title 29 containing the decision. 
The Nevada plan provides for the adoption of Federal standards as State 
standards by reference. The State may also adopt independent standards 
after opportunity for public input.
    In response to Federal standards changes, the State has submitted 
State standard revisions identical to: 29 CFR 1910.1001 and 29 CFR 
1926.58, Occupational Exposure to Asbestos, Tremolite, Anthophyllite, 
and Actinolite; Final Rules Amending Present Standards in General 
Industry and in Construction and lifting Administrative Stay (March 5, 
1992, 57 FR 7877; June 8, 1992, 57 FR 24330; June 30, 1992, 57 FR 
29119); 29 CFR 1910.1048, Occupational Exposure to Formaldehyde; Final 
Rule (May 27, 1992, 57 FR 22290); 29 CFR 1910.147, Control of Hazardous 
Energy Sources (Lockout/Tagout); Final Rule and Corrections and 
Technical Amendments (September 20, 1990, 55 FR 38677); 29 CFR 
1910.1025, Occupational Exposure to Lead; Final Rule (January 30, 1990, 
55 FR 3146); 29 CFR 1910.1000, Air Contaminants, Table Z-1-A; 
Amendments (February 5, 1990, 55 FR 3723); 29 CFR 1910.1001 and 29 CFR 
1926.58, Occupational Exposure to Asbestos; Final Rule; Partial 
Response to Court Remand (February 5, 1990, 55 FR 3724); 29 CFR 
1910.120 and 29 CFR 1926.65, Hazardous Waste Operations and Emergency 
Response; Final Rule (August 22, 1994, 59 FR 43268); 29 CFR 1910.332, 
Electrical Safety-Related Work Practices; Final Rule (August 6, 1990, 
55 FR 31984); 29 CFR 1926.705, Concrete and Masonry Construction Safety 
Standards; Lift Slab Construction Operations; Final Rule (October 18, 
1990, 55 FR 42306); 29 CFR 1926.1050, Safety Standards for Stairways 
and Ladders Used in the Construction Industry; Final Rule; Technical 
Amendments (August 23, 1991, 56 FR 41793); 29 CFR 1910.1030, 
Occupational Exposure to Bloodborne Pathogens; Final Rule (December 6, 
1991, 56 FR 64004); 29 CFR 1910.119 and 29 CFR 1910.109, Process Safety 
Management of Highly Hazardous Chemicals; Final Rule and Explosives and 
Blasting Agents; Final Rule Amendment; Corrections and Administrative 
Stay (March 4, 1992, 57 FR 7847; June 1, 1992, 57 FR 23060); 29 CFR 
1910.1050 and 29 CFR 1926.60, Occupational Exposure to 4,4, 
Methylenedianiline (MDA); Final Rule (August 10, 1992, 57 FR 35630); 29 
CFR 1910.1027, Occupational Exposure to Cadmium; Final Rule (September 
14, 1992, 57 FR 42102); 29 CFR 1910.146, Permit-Required Confined 
Spaces; Final Rule (December 1, 1998, 63 FR 66018); 29 CFR 1926.26, 
Exposure to Lead in Construction; Interim Final Rule (May 4, 1993, 58 
FR 26590); 29 CFR 1910.269, Electrical Power Generation, Transmission 
and Distribution; Electrical Protective Equipment (January 31, 1994, 59 
FR 4320); 29 CFR 1910.1200, Hazard Communication; Final Rule (February 
9, 1994, 59 FR 6126); 29 CFR 1910.133, 1910.135 and 1910.136, Personal 
Protective Equipment; Final Rule; Technical Amendment (May 2, 1996, 61 
FR 19547); 29 CFR 1910.272, Grain Handling Facilities; Technical 
Amendment; Final Rule (March 8, 1996, 61 FR 9577); 29 CFR 1910.1201, 
1915.100, 1917.29, 1918.100, 1926.61, 1928.21, Retention of DOT 
Markings, Placards, and Labels; Final Rule (July 19, 1994, 59 FR 
36695); 29 CFR 1910.269, 1926.500-1926.503, Safety Standards for Fall 
Protection in the Construction Industry; Final Rule (August 9, 1994, 59 
FR 40672); 29 CFR 1910.1001, 1926.1101, 1915.1001, Occupational 
Exposure to Asbestos, Tremolite, Anthophyllite and Actinolite, Final 
Rule; Corrections (August 23, 1996, 61 FR 43454); 29 CFR 1910.266, 
Logging Operations; Final Rule (August 9, 1995, 60 FR 40457; September 
8, 1995, 60 FR 47022); 29 CFR 1910.1025, Occupational Exposure to Lead; 
Final Rule (October 11, 1995, 60 FR 52856); 29 CFR Parts 1910, 1915 and 
1926, Consolidation of Repetitive Provisions; Technical Amendments, 
Final Rule (June 20, 1996, 61 FR 31427); 29 CFR Parts 1910, 1915, 1926, 
1928, Miscellaneous Minor Technical Amendments; Final Rule (March 7, 
1996, 46 FR 9227); 29 CFR Part 1926, Incorporation of General Industry 
Health and Safety Standards Applicable to Construction Work; Final Rule 
(August 12, 1996, 61 FR 41738); 29 CFR 1926.450, Safety Standard for 
Scaffolds Used in the Construction Industry, Final Rule: Corrections, 
Partial Stay (November 25, 1996, 61 FR 59831); 29 CFR 1910.1051, and 29 
CFR 1926.55, Occupational Exposure to 1,3 Butadiene; Final Rule 
(November 4,

[[Page 1916]]

1996, 61 FR 56746); 29 CFR 1910.1052, Occupational Exposure to 
Methylene Chloride; Final Rule (January 10, 1997, 62 FR 1494); 29 CFR 
1910.134 and 29 CFR 1926.103, Respiratory Protection; Final Rule; 
Corrections (April 23, 1998, 63 FR 20098); 29 CFR Parts 1910, 1915, 
1917, 1918, 1926, Powered Industrial Truck (PITs) Operator Training; 
Final Rule (December 1, 1998, 63 FR 66237); 29 CFR 1910.108 and 29 CFR 
1910.94, Dipping and Coating Operations; Final Rule (March 23, 1999, 64 
FR 13897).
    These standards were adopted by the State on the Federal 
promulgation date and are contained in the Division of Occupational 
Safety and Health Standards for General Industry and Construction and 
were adopted by reference pursuant to Nevada Revised Statutes 
Sec. 618.295. State standards adopted by reference have the same 
numbers as the corresponding Federal standards.
    In addition to the Federal standard changes, the State has 
submitted three State Initiated Standards Plan Change Supplements as 
follows:
    A. On June 6, 1990, the State adopted a unique State standard for 
Elevator or Hoist Requirements in the Construction of Certain 
Structures (NAC 618.500). This standard was submitted to OSHA for 
review on November 26, 1990. The State standard provides that an 
elevator or personnel hoist be installed and used during construction 
of any building or structure which is more than 60 feet in height above 
ground level or 48 feet in depth below ground level and be equipped 
with suitable voice equipment to enable communication between the 
elevator or hoist and each floor in an emergency.
    B. On March 1, 1992, the State adopted a unique State standard for 
Ammonium Perchlorate (NAC 618.5155 to 618.5335). This standard pertains 
to the manufacture, handling and storage of Ammonium Perchlorate.
    C. On February 25, 1997, the State adopted by reference the ANSI/
ASME Standards for: (1) Hammerhead Tower Cranes B30.3-1990 and addenda 
3a, 3b and 3c; (2) Portal, Tower and Pillar Cranes, B30.4-1990 and 
addenda 4a, 4b and 4c; and (3) Mobile and Locomotive Cranes, B30.5-1994 
and addenda 5a, with additional requirements of a site safety plan, a 
clear zone, annual certification, and operator training.
    2. Decision. OSHA has determined that the standards submitted in 
response to Federal standards changes are identical to the Federal 
standards and therefore approves the standards.
    There are no equivalent Federal standards comparable to the Nevada 
State standards for Elevator or Hoist Requirements in the Construction 
of Certain Structures, Ammonium Perchlorate and Crane Safety Standard. 
OSHA has determined that these standards are at least as effective in 
comparison to OSHA's general standards requirements and to enforcement 
policy. These standards have been in effect since June 6, 1990, March 
1, 1992 and May 1, 1997 respectively.
    During this time OSHA has received no indication of significant 
objection to the State's standards either as to effectiveness in 
comparison to OSHA's general standards requirements and enforcement 
policy or as to conformance with the product clause requirements of 
section 18(c)(2) of the Act. OSHA, therefore, approves these standards. 
However, the right to reconsider these approvals is reserved should 
substantial objections be submitted to the Assistant Secretary.
    3. Location of Supplement for Inspection and Copying. A copy of the 
standards supplement, along with the approved plan, may be inspected 
and copied during normal business hours at the following locations: 
Office of the Regional Administrator, Occupational Safety and Health 
Administration, 71 Stevenson Street, Suite 420, San Francisco, CA 
94105; Occupational Safety and Health, 400 West King Street, Suite 200, 
Carson City, NV 89710; and Office of the Directorate of Federal State 
Operations, Room N3700, Room 200, Constitution Avenue, NW., Washington, 
DC 20210.
    4. Public Participation. Under 29 CFR 1953.2(c), the Assistant 
Secretary may prescribe alternative procedures to expedite the review 
process or for other good cause which may be consistent with applicable 
laws. The Assistant Secretary finds that good cause exists for not 
publishing the supplement to the Nevada State plan as a proposed change 
and for making the Regional Administrator's approval effective upon 
publication for the following reasons:
    1. The standards adopted in response to Federal standards are 
identical to the Federal standards which were promulgated in accordance 
with Federal law, including meeting requirements for public 
participation.
    2. The State standards were adopted in accordance with procedural 
requirements of State law and further participation would be 
unnecessary.
    This decision is effective January 12, 2000.

    Authority: Section 18, Pub. L. 91-596, 84 Stat. 1608 (20 U.S.C. 
667).

    Signed at San Francisco, California this 10th day of November 
1999.
Christopher Lee,
Acting Regional Administrator.
[FR Doc. 00-650 Filed 1-11-00; 8:45 am]
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